SW8921115_HISTORICAL FILE_20140522 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 q21115
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
Ch HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 1 `A 0 5 22
YYYYMMDD

ANG-1wL
NCDENK
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
May 22, 2014
Koreen LaRose, President
Wedgefield at Crosswinds South HOA, Inc.
PO Box 15436
Wilmington, NC 28480
John E. Skvada, III
Secretary
Subject: Consolidation and Transfer of Stormwater Permits
SW8 921115 and SW8 960317
Crosswinds South and Wedgefield at Crosswinds South Subdivision
High Density Subdivision with a Wet Detention Pond / Offsite
New Hanover County
Dear Ms. LaRose:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division
of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR).
Please note that this permit will now reference DEMLR as the Division responsible for
issuance of the permit
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
received the completed and signed Name/Ownership Change form regarding the consolidation
and transfer of Stormwater Management Permits SW8 921115 for Crosswinds South and SW8
960317 for Wedgefield at Crosswinds South, on December 4, 2013. Staff review of the
documentation has determined that this permit transfer will comply with the water quality
standards codified at 15A NCAC 02H.1000. The two permits, SW8 921115 and SW8 960317,
have been combined into one permit,.and will use the existing permit number SW8 921115,
which is hereby transferred effective May 22, 2014, to the Wedgefield at Crosswinds South
HOA, Inc., (hereafter, "Wedgefield" or permittee') for the construction of the associated built -
upon areas, for the restoration of the "Front Pond" BMP per agreement between the HOA and
the Division, and for the continued maintenance of the Front Pond. Stormwater Permit SW8
960317 is herewith rescinded.
This permit contains conditions that will allow the Division of Energy, Mineral and Land
Resources (hereafter, DEMLR or the Division), to move to dissolve the June 5, 2007 Consent
Judgment (hereinafter, "Consent Judgment'). The terms and conditions specified in the "Order"
section of the Consent Judgment are included in Section III of this permit, and are an
enforceable part of this permit, upon the issuance of this permit to Wedgefield. The Division
will take no action against Wedgefield for existing non -compliances as identified in the Consent
Judgment that are a part of or caused by the original construction. This includes any existing
built -upon area overages on the lots and the deficient permanent pool surface area In the
pond. The permit conditions contained in this modified permit have been made more specific
to eliminate any ambiguity or confusion, but are not more stringent. Future milestones
regarding sediment removal, slope repair and regrading, surface area, storage volume and
permanent slope stabilization shall be established by agreement between the HOA and the
Division and shall become an enforceable part of this permit.
Division of Energy, Mineral, and Land Resources
Land Quality Section —Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • [phone] / Fax: [phone]

State Stormwater Management Systems
Permit No. SW8 921115
This permit shall be effective from the date of issuance until May 22, 2022, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance
of the BMP, recordation of deed restrictions, certification of the BMP, procedures for
changing ownership, transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system, to record deed restrictions, to certify the BMP's, to transfer the
permit, or to renew the permit, will result in future compliance problems.
This Permit is issued with Wedgefield's consent to and knowledge of its terms subject to
the dissolution of the Consent Judgment hereinabove referenced. Wedgefield reserves
its right to initiate a contested case in the Office of Administrative Hearings (OAH) in
accordance with Chapter 150B of the North Carolina General Statutes for any Notice of
Violation issued by DENR after the date of issuance of this Permit. Should it be
necessary to request a contested case hearing, the permittee may file a written petition
with the (OAH). The written petition must conform to Chapter 150E of the North
Carolina General Statutes, and must be filed with the OAH within thirty (30) days of
receipt of the Notice of Violation letter from the Division. You must contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of
the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis at [phone].
Sincerely, �
Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/arl: G:IWO1Shared\StormwatenPermits & Projects11992W1115 HD12014 01 permit 921115
cc: Donald Laton, Assistant Attorney General, NCDOJ
Brian Geschickter for Wedgefield HOA
Charles Meier, Marshall, Williams & Gorham, LLP for Crosswinds HOA
Clay Collier, Crossley McIntosh & Collier for B&D Development
New Hanover County Building Inspections
City of Wilmington Public Services
Beth E. Wetherill, New Hanover County Engineering
Wilmington Regional Office Stormwater File
Page 2 of 11

State Stormwater Management Systems
Permit No. SW8 921115
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
WITH A WET DETENTION POND
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wedgefield at Crosswinds South HOA, Inc.
Wedgefield at Crosswinds South Subdivision
South College Road and Wedgefield Drive, Wilmington, New Hanover County
FOR THE
construction of built -upon areas with runoff to be treated in one (1) onsite wet detention
pond (the "Front Pond') operated and maintained by Wedgefield at Crosswinds South
HOA, Inc.(hereafter "Wedgefield" or "the permittee'); and for the construction of built -
upon areas with runoff to be treated in an offsite wet detention pond (the "Rear Pond'),
operated and maintained by Crosswinds HOA, Inc., under the terms and conditions set
forth in the latest version of Permit No. SW8 930710; in compliance with the provisions
of 15A NCAC 2H.1000 (hereafter referred to as the "stormwaterrules'), and in
accordance with the June 5, 2007, Consent Judgment, and the approved stormwater
management plans and specifications and other supporting documentation as attached
and on file with and approved by the Division and considered a part of this permit.
The terms and conditions of this permit shall survive the dissolution of the Consent
Judgment. This permit shall be effective from the date of issuance until May 22, 2022,
and shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
The overall tract built -upon area percentage for the pro'ect must be maintained at
or below 30% per the requirements of Section .1005 of the stormwater rules.
The subdivision is permitted for 76 lots, each limited to a maximum amount of
built -upon area (BUA). Lots 1-37 shown on the April 29, 1993 approved Plans for
SW8 921115 are limited to a maximum BUA of 4,500 square feet each. clans
239 shown on the May 8, 1996 approved plans for SW8 960317 are limited to a
maximum BUA of 4,300 square feet each.
3. The built -upon area allocated for Wedgefield that will be treated by the offsite
Crosswinds "Rear Pond" under Stormwater Management Permit No. SW8
930710, is 373,376 square feet.
Page 3 of 11

State Stormwater Management Systems
Permit No. SW8 921115•
This permit allows for the treatment of runoff from the built -upon areas of this
subdivision in two (2) different permitted stormwater BMP's. Section 1.7 of this
permit describes the design parameters of the permitted onsite wet detention
pond. The design parameters of the offsite wet detention pond are described
in permit number SW8 930710, issued to Crosswinds HOA, Inc. The
approved plans contain a "drainage area map" which shows the specific
drainage area of Wedgefield at Crosswinds South Subdivision to each pond.
This modified and transferred permit covers the original 37 lots permitted as
Crosswinds South under SW8 921115 and the 39-lot extension permitted as
Wedgefield at Crosswinds South under SW8 960317. This permit combines and
consolidates the referenced permits into one permit under SW8 921115,
combines the approved plan sets into one approved plan set under SW8 921115,
and rescinds SW8 960317. For purposes of this permit, all 76 lots are considered
as part of the project called "Wedgefield at Crosswinds South". The runoff from
16 of the original 37 Crosswinds South lots and a portion of the road is treated in
the onsite "Front Pond". The runoff from the remaining 21 Crosswinds South lots
and road and all 39 Wedgefield at Crosswinds South lots is to be directed to and
treated by the offsite Crosswinds Pond (the "Rear Pond").
6. Approved plans, specifications and mutual agreements between the permittee
and the Division for this project, are incorporated by reference and are
enforceable parts of the permit. Future milestones regarding sediment removal,
slope repair, the provided amount of permanent pool surface area, the provided
amount of temporary pool volume and permanent slope stabilization shall be
established by agreement between the permittee and the Division, and shall
become an enforceable part of this permit.
7. The following design elements have been permitted for the onsite wet detention
pond stormwater facility, a.k.a. the Front Pond, and must be provided in the
system at all times. These design elements are consistent with the terms of the
Consent Judgment.
a. Drainage Area, acres: 5.66
Onsite, acres: 1.22
Offslte, acres: 4.44 (Crosswinds Section II)
b. Total Impervious Surfaces, ft2: 5.66
Road, ft2: 53,143
Offslte, ft2: 193,406 (Crosswinds Section II)
C. Pond Design Depth, feet: 5.0
d. TSS removal efficiency: 85%
e. Design Storm: 1 inch
f. Permanent Pool Elevation, FMSL: 22.0
g. Permitted Surface Area @PP ft2: to be determined by future agreement
h. Permitted Storage Volume, fti: to be determined by future agreement
i. Storage Elevation, FMSL: 23.3
j. Controlling Orifice: Meyers S-25 (28 gpm@2' TDH)
k. Permanent Pool Volume, ft3: n/a
I. Forebay Volume, ft3: n/a
m. Maximum Fountain Horsepower: n/a
n. Receiving Stream / River Basin: Mott Creek / CPF17
o. Stream Index Number: 18-82
p. Classification of Water Body: "C Sw"
8. The onsite stormwater system must be operated with a 30' vegetated filter. The
road ditch in the NC 132 Highway right-of-way (South College Road) receives the
pond's pumped volume, and is considered as the required vegetated filter.
Page 4 of 11

State Stormwater Management Systems
Permit No. SW8 921115
II. SCHEDULE OF COMPLIANCE
The permittee shall obtain an estimate of the depth of the accumulated sediment
in the pond. If the sediment has accumulated to a point such that the pond depth
is four feet or less, the permittee shall enter into an agreement with DEMLR
regarding the time frame for removing the accumulated sediment such that the
pond's design depth is restored to 5 feet. Along with or subsequent to the
removal of the accumulated sediment, the permittee shall enter into an
agreement with the Division to stabilize the side slopes of the Front Pond as per
the Consent Judgment, and to provide as much permanent pool surface area as
reasonably possible, given the physical constraints. The permittee shall then
submit a permit modification and revised plans to the Division reflecting the
permanent pool surface area and temporary pool storage volume that have beer
provided.
2. No person or entity shall fill in, alter, or pipe any drainage feature (such as
swales), shown on the approved plans as part of the stormwater management
system, unless and until a revision to the permit is submitted to and approved by
the Division.
3. All of the lots in the subdivision are built on. The permittee shall not be held
responsible for existing built -upon area overages on the lots. However, the
permittee shall make ongoing efforts as time and finances allow, to identify and
document all such overages on the lots. The Division may or may not take action
against the individual lot owners for those overages.
4. From the issue date of this permit forward, the permittee shall monitor the project
on a routine basis to ensure that all lots maintain compliance with the maximum
permitted built -upon area limit for that lot. Due to construction which deviates
from the April 29, 1993 approved plans, neither the Wedgefield Front Pond nor
the Crosswinds Rear Pond has a sufficient amount of surface area to justify any
increases in the maximum allowed per lot built -upon area.
From the issue date of this permit forward, the permittee shall review all
proposed modifications and additions to the existing lots within the Wedgefield at
Crosswinds South Subdivision for compliance with the built -upon area limit. The
permittee shall not approve any proposed lot plan additions or modifications if the
maximum BUA limit established by this permit for that lot is exceeded. The
permittee shall notify the Division and shall take such measures as are allowed
by the Declaration of Covenants and Restrictions or by law to prevent the lot
owner from constructing such non -compliant improvements and modifications.
Any approvals granted by the permittee for any lot addition or modification that
results in an overage of the permitted maximum BUA for that lot, will require that
the permittee submit a modification to this permit and propose the necessary
improvements such that the permitted BMP meets the current stormwater rules.
6. The Division will take no action against the permittee for existing non -
compliances, as identified in the Consent Judgment which is attached hereto and
made an enforceable part of this permit, which are a part of or caused by the
original construction, including the deficient permanent pool surface area in the
pond. From the issue date of this permit forward, the Director may notify the
permittee when the permitted site does not meet one or more of the minimum
requirements of the modified permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying
the site to meet minimum requirements. The permittee shall provide copies of
revised plans and certification in writing to the Director that the changes have
been made.
Page 5 of 11

State Stormwater Management Systems
Permit No. SW8 921115
7. The permittee and the Division acknowledge that the Front Pond was not built
per the plans originally approved on April 29, 1993. Upon the subsequent
approval of new grading plans for the pond subject to the terms of the Consent
Judgment, the permittee shall ensure that the stormwater management system is
modified, constructed and maintained per those approved plans.
8. The runoff from all built -upon area in Wedgefield that is within the permitted
drainage area boundary of either the onsite Front Pond or the offsite Rear Pond
must be directed into the appropriate stormwater pond.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Further subdivision, acquisition, or sale of any part or all of the project
area.
C. The addition of built -upon that is in excess of the permitted maximum for
that pond.
C. Alteration of any pipe or vegetative conveyance shown within the permit
boundary on the approved plan. Routine maintenance such as sediment
removal and mowing, removal of obstructions within the pipes and/or
replacement of any damaged pipes do not require a permit modification.
10. The Director may determine that other revisions to the project should require a
modification to the permit. At no time shall the permittee be required to perform
any work that is contrary to the terms of the Consent Judgment, which is
attached hereto and made an enforceable part of this permit.
11. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
have been recorded showing all such required easements, in accordance with
the approved plans.
12. Following notification to DEMLR that the approved modifications to the BMP
have been completed as per the terms of a future agreement between DEMLR
and the permittee, the permittee shall submit a certification from an appropriate
designer for the system installed certifying that this facility has been restored per
the approved plans and per the terms of the agreement reached between the
permittee and the Division.
13. The permittee shall at all times follow the approved Operation and Maintenance
Agreement and provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function at design condition.
The approved Operation and Maintenance Agreement outlines the necessary
maintenance items and required maintenance intervals. The on -site runoff
collection system of catch basins, piping, ditches and swales must also be
maintained such that the one (1) inch runoff volume is adequately conveyed to
the approved BMP(s).
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DENR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
15. The permittee shall assure that permanent access to the permitted BMP
components, including the collection system, is provided via recorded
easements, common areas or public rights -of -way. All such easements,
common areas and rights -of -way currently appear on the recorded plats.
Page 6 of 11

State Stormwater Management Systems
Permit No. SW8 921115
16. Each lot is limited to a maximum amount of built -upon area as specified below.
Deed restrictions limiting the amount of built -upon area on each lot have been
recorded and currently provide that the maximum built -upon area per lot is as
follows:
Lots 1-37 @4,500 square feet and Lots 201-239 @4,300 square feet,
This allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
17. The State of North Carolina is made a third -party beneficiary of the covenants to
the extent necessary to maintain compliance with this Stormwater Management
Permit.
18. The Declaration of Restrictions and Protective Covenants are to run with the land
and be binding on all persons and parties claiming under them.
19. The recorded covenants pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of North Carolina,
Division of Energy, Mineral and Land Resources.
20. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual. These guidelines assist in the selection of a
suitable grass type that will perform the best for a particular use, the best planting
time, soil amendments, fertilizer needs, mulch and watering.
21. The facilities shall be constructed in accordance with the conditions of the
Consent Judgment, the conditions of this permit, the approved plans and
specifications, and other supporting data.
III. GENERAL CONDITIONS
Wedgefield has not been able to fully comply with all the terms of the Consent
Judgment, namely, the requirement to remove sediment and the requirement to
restore the front pond banks, therefore, Wedgefield and the Division have agreed
to make the terms of the Consent Judgment a part of this permit and Wedgefield
has agreed to accept the transferred permit and abide by the conditions therein.
2. Wedgefield shall remove silt from the Front Pond to restore its depth, as near to
the original plan as practicable.
3. Wedgefield shall perform the work on the front pond with a backhoe and shall
only be required to remove the sediment from the interior of the pond to restore
the slopes on the south bank and north bank to as close as a 3:1 ratio as
practicable. Wedgefield may utilize the spoil material from the excavation to
restore the south and north banks' slope.
4. Wedgefield shall not be required to restore the slope on the west bank of the
front pond to a 3:1 ratio.
Page 7 of 11

State Stormwater Management Systems
Permit No. SW8 921115
Any action by Wedgefield is contingent upon the NC DOT granting a permanent
access and maintenance easement to the front pond. Any action by Wedgefield
is further contingent upon Wedgefield being able to construct permanent access
from Highway 132 to the front pond for no more than $2500.00. DWQ (now
DEMLR) and Wedgefield shall negotiate an appropriate schedule for completion
of the work.
6. Upon completion of the pond excavation, Wedgefield shall clear, reseed and
establish a permanent groundcover on the banks surrounding the front pond
permitted under [SW8] 921115 from the water line to the top of the slope of said
banks.
7. The Plaintiff [the Division] shall, to the extent required by the North Carolina
General Statutes and any rules promulgated there under authorize, grant and
provide any and all permits, if necessary, required for Wedgefield, at no cost to
perform the activities which are referenced herein and agreed upon by the
parties. All activities undertaken pursuant to the Consent Judgment are deemed
by agreement of the parties to be maintenance which will not require the
application for, or issuance of, any permits by the plaintiff.
8. Wedgefield is required to maintain the Front Pond in compliance with this permit,
as modified by the Consent Judgment. '
9. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation
as listed on the form, to the Division of Energy, Mineral and Land Resources at
least 60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions;
b. Bankruptcy;
c. Foreclosure;
d. Dissolution of the partnership or corporate entity;
e. A name change of the current permittee;
f. A name change of the project;
g. A mailing address change of the permittee;
10. Any individual or entity found to be in noncompliance with the terms, conditions
and limitations of a stormwater permit or the stormwater rules, is subject to
enforcement action in accordance with the provisions of North Carolina General
.Statute 143, Article 21.
11. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves a request to transfer the
permit.
12. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
13. In the event that the restored facilities fail to perform satisfactorily the Permittee
shall take immediate corrective action, including those as may be required by this
Division, such as the construction of additional or replacement stormwater
management systems.
Page 8 of 11

State Stormwater Management Systems
Permit No. SW8 921115
14. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
15. Permittee grants permission to staff of DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal daytime business
hours.
16. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
17. The permittee shall submit a request to renew the permit at least 180 days prior
to the expiration date of this permit. The request shall include a completed
renewal application and fee.
Permit modified, transferred and reissued this the 22nd day of May 2014.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 921115
Page 9 of 11

State Stormwater Management Systems
Permit No. SW8 921115
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved, plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 11 of 11

State Stormwater Management Systems
Permit No. SW8 921115
Wedgefield at Crosswinds South Subdivision
Stormwater Permit No. SW8 921115
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 10 of 11

w
Beverly Eaves Perdue
ECEWE "
DEC 0 4 2013
NCDENR
North Carolina Department of Environment and Natural Resourceqy --
Division of Water Quality
Coleen H. Sullins
Governor Director
STATE STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
Dee Freeman
Secretary
„. )�/ Aenaa4-6, r�
2.^J
1. Stormwater Management Permit Number: Swe9iiist Swage oji7 C1, swa4s//ls J/
2. Project Name: Crrusr..i ids SawAA 4- &;1q. u A- dW 4-6 C. &-r Ca 1", ds -Y�o u."
3. Current Permit Holder's Company Name/Organization: n,-,n �� ,�,�s ., 4- y z.tic
4. Signing Official's Name: Cwvl RII&I't eel( iv Title: A-" RJ.IA&, , d,S50W gyp.
5. Mailing Address: Z (ydAA ('Et -
City: IAii v hh r State:_ lC Zip: 'T$*3
6. Phone: ( I° gGi-g9(1 Fax: ( /0 246 -03io
It. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
j Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
�ther (please explain):4 v.,,, 1'6 0ur34s4-e- io Z'4-dc."r..-6
1. Proposed permittee's company name/organization: rdety. Tl elt � it .spwg ),AL Z-<.
2. Proposed permittee's signing official's name:
3. Proposed permittee's title: a 4,«4. Loce!<c . %4
4. Mailing Address: P&-y7- ate .box Z. -f'?6
City: L, State: G Zip: 2 4 VA,0
Phone: ( ro ) 6N'7- 3 a o 7 Fax: ( ) a/ -4
5. New Project Name to be placed on permit: ra-e.0 Pic I'd a-t r ,S,dc 50C LZd,.
P�le.ase check the appropriate box. The proposed permittee listed above is:
L!J HOA or PDA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) WA -
[I The property owner
0 Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev15Feb2011 Page 1 of 4

6
s--
114

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. (This certification must lie completed and signed by both the
cur entpermit holder and the new applicaht if 1his is a change_of ownership J
2. Legal documentation of the property transfer to a new owner. nt.-- .<y .. ,d
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ. V/p
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showinsthezuthoritLof the �amed
representative to act on behalf of the proposed permittee. -�
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. A.2/7T
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/h r/its name, the project name, or mailing
address, but will retain the permit. I, 6�9 ger. ).-cd.�tsvlrrlc�A 4 MYh eilfj COW , the current
permittee, hereby notify the DWQ that I am chalnging my ntmb and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
heck here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, &- 0 10u l Pt, , r W1(, 4 the current permittee, am submitting this application
for a transfer of ownership f r p rmit W Sw842iiS . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: , 64P Date:
1�23 t3
a Notary Public for the State of
N�Y �YO�1YIA County of 0W , do hereby certify that
UM Nlk"tl 1 personally appeared before me this the
day of 20, and acknowlegge•th riu execution of the
f going'nstru ent. Ail: s/mAy hand and official seal,
AAAA
�/
otary pgnature
r IOTAli) .c^
p n�
SSW N/O Change Revl5Feb2011 Page 2 of 4

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
,Proposed P//ermittee for all transfers of ownership)
� cA-- S �� , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowl dge and attest that I have received a copy of: (check all that apply to this permit)
the most recent permit
the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
❑ the DWQ approved plans and/or approved as -built plans
❑ the approved operation and maintenance agreement
epast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not
Ji�nclude , this applicatio ackage will be returned as incomplete.
ot
Signature: FA f {/.rl� � Date: 12 /OC y ;
[\—, L rl 1 t Iz C F , , a Notary Public for the State of
0 P-`iH 0-AP01 I fVA County of FP_ -C N (U I C(('-- , do hereby certify that
JCUCV I personally appeared before me this the
,aiumn
day of C1O_MhQ� 20 ,and ackr�gv Oge,tgt ue execution of the
forgoing instrument. Witness my hand and official seal, / "°NOTq�`ti
c� e
'Notary Signature ti! ��aryG e,
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee /developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Revl5Feb2011 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
(if different from street
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20_, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
SSW N/O Change Rev15Feb2011 Page 4 of 4

_ - Hwy.17
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Lewis,Linda
From:
dad mom <[e-mail]>
Sent:
Wednesday, April 23, 2014 10:59 AM
To:
Lewis,Linda
Subject:
Re: Wedgefield stormwater permit
Linda,
Thank you, that is the correct mailing address.
Koreen
Sent from my iPad
> On Apr 23, 2014, at 10:46 AM, "Lewis,Linda" <[e-mail]> wrote:
> Thank you Ms. La Rose. I don't think there is anything you need to do. The permit transfer documents were signed by
Mr. Jarvis during his tenure as HOA president. The Division was delayed in issuing the permit, and in the meantime, you
replaced Mr. Jarvis as president, but that does not change anything. The permit is still being transferred to the HOA at
the mailing address provided on the transfer document, PO Box 15436 Wilmington, 28408.
> If the HOA mailing address is not correct, please provide a corrected mailing address and we'll make sure it gets to the
right place.
> Thank you.
> Linda
> -----Original Message-----
* From: dad mom [mailto:[e-mail]1
> Sent: Wednesday, April 23, 2014 10:34 AM
> To: Lewis,Linda
> Subject: Wedgefield stormwater permit
> Linda,
> Hi I just was notified of some changes made to the permit. I am the new HOA President for Wedgefield so please let
me know what you need me to do.
> Thank you,
> Koreen LaRose
> 910-599-4500
> Sent from my iPad

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, April 01, 2014 9:27 AM
To: [e-mail]
Subject: Wedgefield Permit Changes
Attachments: 2014 01 permit 921115.docx
The proposed permit is attached. Please let me know your thoughts about the minor changes that we discussed.
Thanks
Linda Lewis
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office — 910-796.7215
Direct Line — 910-796-7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.

Lewis,Linda
From: Lewis,Linda
Sent: Friday, January 31, 2014 4:37 PM
To: [e-mail]
Subject: 2014 01 permit 921115.docx
Attachments: 2014 01 permit 921115.docx
Brian
We are almost there. Don asked me to add the "Order' terms of the consent judgment to Section III of the permit,
which I have done. It really changes nothing, except that the terms and conditions of the CJ will actually be written into
the permit so that when it is dissolved, the important parts of it will still be captured as permit conditions.
Also, since I drafted the original permit last year, my position in DWQ went to DEMLR, and they became the agency
responsible for the stormwater permits. I've switched all the DWQ references to DEMLR in the permit.
I'm providing you with this copy of the permit we intend to issue for your comments.
b/t/w- I've got jury duty next week (Feb. 3 and 4). I'll be hanging around the courthouse / jury room if you want to talk
about the permit. Are you allowed to visit/talk to me if I'm a juror? I guess as long as you don't have a juried trial
scheduled for next week, it should be OK for us to talk.

LewisAinda
From: Lewis,Linda
Sent: Tuesday, January 14, 2014 12:50 PM
To: Laton, Don
Subject: Wedgefield Permit 921115
Attachments: 2014 01 permit 921115.docx
Don:
I've added the majority of the 10 items listed in the "Order" section of the Consent Judgment to the General Section III
of the permit. Do you need a copy of the Order section of the CJ to compare to?
Some, like 1(a)& (b), which applied to B&D and Crosswinds, I left out. I also left out 6, 7, 8 and 10, as these didn't seem
to be applicable as "permit conditions".
As I was reading the Consent Judgment, I realized that many of the permit conditions we already added seem to reflect
the terms of the Consent Judgment.
I've highlighted Condition # 111.8 in red because I am not sure it belongs in the permit.
Linda

Clay Collier
From: dick thompson <djt222@hotmaiLcom>
Sent: Thursday, June 20, 2013 8:07 PM
To: Clay Collier
Subject: RE: crosswinds ponds
Good Afternoon Clay,
Pursuant to your email below and the instructions from Linda Lewis and DNR attorney Don Layton, Bill Trask
and Dick Thompson give you their permission to sign the transfer forms you referenced on behalf of B&D
Development Corporation.
If there should be an further questions, please feel free to contact either of us.
Thanks,
Bill Trask
Dick Thompson
From: [e-mail]
To: [e-mail]; [e-mail]
Subject: crosswinds ponds
Date: Thu, 20Jun 2013 14:51:32+0000
Gents;
Just got a call from brian geshecter on permit transfer forms that bill never came by and signed.
He reports that lnda lewis and dnr atty don laton have agreed that I can sign the forms for you IF you provide
written authorization.
So, I need you to either give me a time that you can come by my office to sign the transfer forms or send an
email that I can share with lewis/laton with authorizes me to sign on your behalf.
What say ye all?
Regards,
clay
Clay Allen Collier
Attorney at Law
CRoss1.11Y MCKTOSIICOLLIER IIAnuirEMS, Pa..L.C.
5002 Randall Parkway
Wilmington, NC 28403

Page 1 of 1
Subj: crosswinds ponds
Date: 6/20/2013 10:51:28 A.M. Eastern Daylight Time
From: ClavUllcmclawfirrn.com
To: dit2220holmatl.com, dalknoxinc aol.com
Gents;
Just got a call from brian geshecter on permit transfer forms that bill never came by and signed.
He reports that linda lewis and dnr atty don laton have agreed that I can sign the forms for you IF you provide
written authorization.
So, I need you to either give me a time that you can come by my office to sign the transfer forms or send an
email that I can share with lewis/laton with authorizes me to sign on your behalf.
What say ye all?
Regards,
clay
Gay Allen Collier
Attorney at law
5002 Randall Parkway
Wilmington, NC 28403
Telephone: [phone]
Fax: [phone]
Toll Free:1-800-499-9711
GVr y
/ A/ 441. ,ac6d �F
Friday, June 21, 2013 AOL: DALKNOXINC

C201310800754
SOS] D: 11344711
Dale Filed: 4/24/2013 11:37:00 AM
State of North Carolina Elaine F. Marshall
Department of (he Secretary of State North Carolina Secretary of State
NONPROFIT CORPORATION'S STATEDMENT OF CHANGE OF`rmiN
P'ur§narn-vo-05A-16-23(b) of the Genera! Statutes of North Carolina, the undersigned nonprofit corporation does hereby submit the
following for the purpose of changing its principal office address currently on file with the Secretary of State.
INFORMATION CURRENTLY ON FILE
The name of the corporation is: W ��O�P�ji I O '4 Ho A, llyc
The street address and county of the principal office of the corporation currently on file is:
Number and Street: L�1 Z l W e,1A P h C« 0&
City, State, Zip Code: V"t'MtNjtQi^ N Z�bgJCA County: Nl_° 14pnover
The mailine address if different front the street address of the
`nrincipal office.currently on file is:
Po Boy I5JU3(0—(L,IM�n- IvN f�/C. 7_1�5Y0�
NEW INFORMATION
The street address and county nof the new principal office rof the corporation is:
Number and Sireci: 'L D3�-'We�ge (l'e lct Dn . . -.. .. . "
City, State,, Zip Code: W1�A t kw (ViC_ 2.�_ (109 County: w 1je,11o',,e,L
2. The mailing address illdifferent ront the street address of the new principal office is:
Leo 131>)L k5LQ(� LA1Jj t;A.R1Q1. JJL. Z8Yo,3
3. "fhis statement will be ^effective upon filing, unless a later date and/or time is specified:
This is the 3�dny of /F(1A 20 1 3 .
— Name ojCorporai
Signature
�j}vi0 kGC--� /iLE!}sv2E2
Type or Print Name and Title
NOTES:
I. Filing fee is $5. 'this statement and one exact or conformed copy -of it must be filed with lire Secretary of State.
Revised January 2000 Form N-12
CORPORATIONS DIVISION 1'. 0.13OX 29622 RALEIGI1, NC 27626-
0622

it
Lewis,Linda
From: Lewis,Linda
Sent: Wednesday, January 16, 2013 4:48 PM
To: 'Brian Geschickter'
Subject: RE: N/O Transfer form for Wedgefield
Brian:
A couple of things:
1. You have inadvertently completed 2 different transfer forms. The first one (4 pages) is the one you
should probably use. You should only use the second one (Rev24Sept2012, 3 pages) if the
development of Wedgefield was subject to Chapter 47C or 47F of the General Statutes, aka the
Planned Community Act. This act, to my knowledge, did not become effective until June, 1999. Since
Wedgefield was permitted and constructed between late 1992 to mid-1996, I don't believe it's
development was governed by the terms of that act, so the use of the second transfer form would not
be appropriate.
2. Suggested corrections to the first (4 page) transfer form:
a. Under Section 11, please check the 3'u box, "Change in Ownership...". And uncheck the first box.
b. Please add Mr. Jarvis' phone number.
c. The proposed project name should probably not include the word "HOA". The HOA is the
permittee of the project named Wedgefield at Crosswinds South.
3. You do NOT need to submit the draft permit copy with the N/O transfer form.
4. As previously suggested, in Section III, the Required Items, you may want to make small comments
adjacent each of the 6 items, such as "N/A" (the fee), "previously provided" (the recorded deed
restrictions), or whatever will get the point across.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:brian(albaglaw.com]
Sent: Wednesday, January 16, 2013 4:18 PM
To: Lewis,Linda
Subject:
Importance: High
Linda:
As we discussed last weekend, I would appreciate your looking over these items to make sure that they are the
forms required. I called Clay Collier's office and will take these to them as soon as I here back from you. I have left some
of the information blank given the present status of B&D and will ask Clay to fill that information in with his client.
Please do not hesitate to contact me should you have any questions or changes.
Thanks,

• 6" �4. Cjeae<riektrs
Post Office Box 10423
Wilmington, North Carolina 28404
910-200.8319 (Facsimile) 910-763-4773
Please be advised that this e-mail and any files transmitted with it are confidential Attorney -Client Privilege or otherwise
may be privileged or confidential and are intended solely for the individual or entity to whom they are addressed. If you
are not the intended recipient, please do not read, copy, or retransmit this communication but delete/destroy it
immediately. Any unauthorized dissemination, distribution, or copying of this communication is strictly prohibited.

Lewis,Linda
From:
Ager, David [[e-mail]]
Sent:
Wednesday, September 05, 2012 8:33 AM
To:
Lewis,Linda
Cc:
Ager, David; [e-mail]
Subject:
BUA for Wedgefield
Attachments:
wedgefield BUA.docx
Good morning Linda. Please find attached the document showing the BUA for several properties in Wedgefield, as
requested in our last meeting.
Sorry for the delay. We will have the timeline to you shortly.
Thanks!
David Ager
Owner / Agency Principal
National Advisory Board Member
Lagomarager Agency - Allstate
4837 Carolina Beach Road, Suite 101
Wilmington, NC 28412
phone: [phone](800.601.7829)
fax; 910.392.8666 (800.601.6087)
d av id ager(a)a I I state. com
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Built Upon Area Based On The New Hanover Country Property Record
For Wedgefield Drive
prepared by Jane Orseno & Koreen LaRose
4604
4616
Main House-
2452
Main House-
2795
Misc. Improvements-665
Misc. Improvements-675
Driveway-
1825
Driveway-
1825
Sidewalk-
200
Sidewalk-
200
TOTAL-
5142
TOTAL-
5495
4620
4708
Main House-
2836
Main House-
2533
Misc. Improvements-
684
Misc. Improvements-
564
Driveway-
1825
Driveway-
2445
Sidewalk-
200
Sidewalk-
200
TOTAL-
5545
TOTAL-
5742
4745
4800
Main House-
3303
Main House-
3556
Driveway-
1000
Driveway-
950
Sidewalk-
200
Sidewalk-
216
TOTAL-
4503
TOTAL-
4722

4816
4838
Main House-
3880
Main House-
2906
Driveway-
1000
Driveway-
1000
Sidewalk-
200
Sidewalk-
200
TOTAL-
5080
TOTAL-
4106
4916
Main House-
3425
Driveway-
1000
Sidewalk-
200
TOTAL-
4625
*Driveway and Sidewalk are Estimated

State Stormwater Management Systems
c DRAFT Permit No. SW8 921115
July *, 2012
Mr. President
Wedgefield at Crosswinds South HOA, Inc.
Mailing Address
Wilmington, NC 28409
DRAFT O
Subject: Combination and Transfer of Stormwater Permits
SW8 921115 and SW8 960317
Crosswinds South and Wedgefield at Crosswinds South Subdivision
High Density Subdivision with a Wet Detention Pond / Offsite
New Hanover County
Dear Mr. President:
The Wilmington Regional Office of the Division of Water Quality received the completed
and signed Name./Ownership Change form regarding the transfer of Stormwater
Management Permits SW8 921115 for Crosswinds South and SW8 960317 for
Wedgefield at Crosswinds South on . Staff review of the documentation
has determined that this permit transfer will comply with the water quality standards
codified at 15A NCAC 02H.1000. The two permits, SW8 921115 and SW8 960317,
have been combined into one permit, to be known as SW8 921115, which is hereby
transferred effective June 2012, to the Wedgefield at Crosswinds South HOA, Inc.,
for the construction of the associated built -upon areas, for the restoration of the Front
pond BMP per an agreement between the HOA and the Division and for the continued
maintenance of the Front Pond.
This permit contains conditions that will allow the Division of Water Quality (hereafter,
DWQ or the Division), to move to dissolve the June 5, 2007 Consent Judgment
(hereinafter, "Consent Judgment"), which is attached to and made an enforceable part
of this permit, upon acceptance of this permit by Wedgefield. The Division will take no
action against Wedgefield for existing non -compliances as identified in the Consent
Judgment that are a part of or caused by the original construction. This includes any
existing built -upon area overages on the lots and the deficient permanent pool surface
area in the pond. The permit conditions contained in this modified permit have been
made more specific to eliminate any ambiguity or confusion, but are not more stringent.
Future milestones regarding sediment removal, slope repair and regrading, surface
area, storage volume and permanent slope stabilization shall be established by
agreement between the HOA and the Division and shall become an enforceable part of
this permit.
This permit shall be effective from the date of issuance until expiration date, and shall
be subject to the conditions and limitations as specified therein. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance
of the BMP, recordation of deed restrictions, certification of the BMP, procedures for
changing ownership, transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system, to record deed restrictions, to certify the BMP's, to transfer the
permit, or to renew the permit, will result in future compliance problems.
Page 1 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115 +
This Permit is issued with Wedgefield's consent to and knowledge of its terms
subsequent to the Dissolution of the Consent Judgment hereinabove referenced.
Wedgefield reserves its right to initiate a contested case in the Office of Administrative
Hearings (OAH) in accordance with Chapter 150B of the North Carolina General
Statutes for any Notice of Violation issued by DENR after the date of issuance of this
Permit. Should you find it necessary, you have the right to request a contested case
hearing by filing a written petition with the (OAH). The written petition must conform to
Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH
within thirty (30) days of receipt of the Notice of Violation letter from the Division. You
must contact the OAH with all questions regarding the filing fee (if a filing fee is
required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh,
NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.NCOAH.com.
If you have any questions, or need additional informationconcerning this matter, please
contact Linda Lewis -at [phone].
Sincerely,
6" Charles Wakild, P.E., Director
Division of Water Quality
GDS/arl: S:\WQS\Stormwater\Permits & Projects\1992\921115 HD\2012 06 permit 921115
cc: Donald Laton, Assistant Attorney General, NCDOJ
Charles Meier, Marshall, Williams & Gorham, LLP for Crosswinds HOA
Brian Geschickter for Wedgefield HOA
Clay Collier, Crossley McIntosh & Collier for B&D Development
New Hanover County Building Inspections
City of Wilmington Public Services
Beth E. Wetherill, New Hanover County Engineering
Wilmington Regional Office Stormwater File
DWQ Central Files
Page 2 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
WITH A WET DETENTION POND
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wedgefield at Crosswinds South HOA, Inc. (hereafter the permittee)
Wedgefield Subdivision (aka Crosswinds South and Wedgefield at Crosswinds South)
Located at South College Road and Wedgefield Drive, Wilmington, New Hanover County
FOR THE
Construction of built -upon areas with runoff to be treated in one (1) onsite wet detention
pond (the "Front Pond") operated and maintained by Wedgefield at Crosswinds South,
HOA, Inc.; and for the construction of built -upon areas with runoff to be treated in an
offsite wet detention pond (the "Rear Pond"), operated and maintained by Crosswinds
HOA, Inc., under the terms and conditions set forth in the latest version of Permit No.
SW8 930710; in compliance with the provisions of 15A NCAC 2H .1000 (hereafter
referred to as the "stormwater rules'), and in accordance with the June 5, 2007 Consent
Judgment, and the approved stormwater management plans and specifications and
other supporting documentation as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until 2020,
and shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The overall tract built -upon area percentage for the projject must be maintained at
or below 30% per the requirements of Section .1005 of the stormwater rules.
The subdivision is permitted for 76 lots, each limited to a maximum amount of
built -upon area (BUA). Lots 1-37 shown on the April 29, 1993 approved plans for
SW8 921115 are limited to a maximum BUA of 4,500 square feet each. Lots 201-
239 shown on the May 8, 1996 approved plans for SW8 960317 are limited to a
maximum BUA of 4,300 square feet each.
3. The built -upon area allocated for this development that will be treated by the
offsite Crosswinds "Rear Pond" under Stormwater Management Permit No.
SW8 930710, is 373,376 square feet.
Page 3 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115 +
4. This permit allows for the treatment of runoff from the built -upon area of this
subdivision in two (2) different permitted stormwater BMP's. Section 1.7 of this
permit describes the design parameters of the permitted onsite wet detention
pond. The design parameters of the offsite wet detention pond are described
in permit number SW8 930710, issued to Crosswinds HOA, Inc. The
approved plans contain a "drainage area map" which shows the specific
drainage area of Wedgefield Subdivision to each pond.
5. This modified and transferred permit covers both the original 37 lots permitted as
Crosswinds South under SW8 921115 and the 39-lot extension permitted as
Wedgefield at Crosswinds South under SW8 960317. This permit combines and
consolidates the referenced permits into one permit under SW8 921115, and
rescinds SW8 960317. For purposes of this permit, all 76 lots are considered as
part of "Wedgefield". The runoff from 16 of the original 37 Crosswinds South lots
and a portion of the road is treated in the onsite "Front Pond". The runoff from the
remaining 21 Crosswinds South lots and road and all 39 Wedgefield at
Crosswinds South lots is to be directed to and treated by the offsite Crosswinds
Pond (the "Rear Pond").
6. Approved plans, specifications and mutual agreements between the permittee
and the Division for this project, are incorporated by reference and are
enforceable parts of the permit. Future milestones regarding sediment removal,
slope repair, the provided amount of permanent pool surface area, the provided
amount of temporary pool volume and permanent slope stabilization shall be
established by agreement between the permittee and the Division, and shall
become an enforceable part of this permit.
7. The following design elements have been permitted for the onsite wet detention
pond stormwater facility, the Front Pond, and must be provided in the system at
all times. These design elements are consistent with the terms of the Consent
Judgment.
a. Drainage Area, acres:
Onsite, acres:
Offsite, acres:
b. Total Impervious Surfaces, ftz:
Road, ft :
Offsite, ftz:
C. Pond Design Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP ftz:
h. Permitted Storage Volume, fti:
i. Storage Elevation, FMSL:
j. Controlling Orifice:
k. Permanent Pool Volume, ft3:
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
5.66
1.22
4.44 (Crosswinds Section II)
5.66
53,143
193,406 (Crosswinds Section II)
5.0
85%
1 inch
22.0
to be determined by agreement
to be determined by agreement
23.3
Meyers S-25 (28 gpm@2' TDH)
n/a
n/a
n/a
Mott Creek / CPF17
18-82
"C Sw"
8. The onsite stormwater system must be operated with a 30' vegetated filter. The
road ditch in the NC 132 Highway right-of-way (South College Road) receives the
pond's pumped volume, and is considered as the required filter.
Page 4 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
II. SCHEDULE OF COMPLIANCE
The permittee shall obtain an estimate of the depth of the accumulated sediment
in the pond. If the sediment has accumulated to a point such that the pond depth
is four feet or less, the HOA shall enter into an agreement with the Division of
Water Quality regarding the time frame for removing the accumulated sediment
such that the pond's design depth is restored to 5 feet. Along with or subsequent
to the removal of the accumulated sediment, the permittee shall enter into an
agreement with the Division to stabilize the side slopes of the Front Pond as per
the Consent Judgment, and to provide as much permanent pool surface area as
reasonably possible, given the physical constraints. The permittee shall then
submit a permit modification and revised plans to the Division to add the
approved minimum permanent pool surface area and volume.
2. No person or entity shall fill in, alter, or pipe any drainage feature (such as
swales), shown on the approved plans as part of the stormwater management
system, unless and until a revision to the permit is submitted to and approved by
the Division.
3. All of the lots in the subdivision are built on. The permittee shall not be held
responsible for existing built -upon area overages on the lots. However, the
permittee shall make ongoing efforts as time and finances allow, to identify and
document any such overages on the lots. The Division may or may not take
action against the individual lot owners to comply with the permitted built -upon
area limits
4. From the issue date of this permit forward, the permittee shall monitor the project
on a routine basis to ensure that all lots maintain compliance with the maximum
permitted built -upon area limit for that lot. Due to construction which deviates
from the April 29, 1993 approved plans, neither the Wedgefield Front Pond nor
the Crosswinds Rear Pond has a sufficient amount of surface area to justify any
increases in the maximum allowed per lot built -upon area.
From the issue date of this permit forward, the permittee shall review all
proposed modifications and additions to the existing lots within the Wedgefield
Subdivision for compliance with the built -upon area limit. The permittee shall not
approve any proposed lot plan additions or modifications if it exceeds the
maximum BUA limit established by this permit for that lot. The permittee shall
notify the Division and shall take such measures as are allowed by the
Declaration of Covenants and Restrictions or by law to prevent the lot owner from
constructing such non -compliant improvements and modifications. Any
approvals granted by the permittee for any lot addition or modification that results
in an overage of the permitted maximum BUA for that lot, will require that the
permittee submit a modification to this permit such that the affected pond meets
the current stormwater rules.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made. The Division will take no action against the
permittee for existing non -compliances, as identified in the Consent Judgment
which is attached hereto and made an enforceable part of this permit, that are a
part of or caused by the original construction, including the deficient permanent
pool surface area in the pond.
Page 5 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
7. The permittee and the Division acknowledge that the Front Pond was not built
per the plans originally approved on April 29, 1993. Upon the subsequent
approval of new grading plans for the pond subject to the terms of the Consent
Judgment, the permittee shall ensure that the stormwater management system is
modified, constructed and maintained per those approved plans.
8. The runoff from all built -upon area in Wedgefield that is within the permitted
drainage area boundary of either the onsite Front Pond or the offsite Rear Pond
must be directed into the appropriate stormwater pond.
The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Further subdivision, acquisition, or sale of any part or all of the project
area.
C. Alteration of any pipe or vegetative conveyance shown within the permit
boundary on the approved plan. Routine maintenance, removal of
obstructions within the pipes and/or replacement of any damaged pipes
does not require a permit modification.
10. The Director may determine that other revisions to the project should require a
modification to the permit. At no time shall the permittee be required to perform
any work that is contrary to the terms of the Consent Judgment, which is
attached hereto and made an enforceable part of this permit.
11. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
have been recorded showing all such required easements, in accordance with
the approved plans.
12. Following notification to DWQ that the approved modifications to the BMP have
been completed as per the terms of an agreement between DWQ and the
permittee, the permittee shall submit a certification from an appropriate designer
for the system installed certifying that this facility has been restored per the
approved plans and per the terms of the agreement reached between the HOA
and the Division.
13. The permittee shall at all times follow the approved Operation and Maintenance
Agreement and provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function at design condition.
The approved Operation and Maintenance Agreement outlines the necessary
maintenance items and required maintenance intervals. The on -site runoff
collection system of catch basins, piping, ditches and swales must also be
maintained such that the one (1) inch runoff volume is adequately conveyed to
the approved BMP(s).
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
15. The permittee shall assure that permanent access to the permitted BMP
components, including the collection system, is provided via recorded
easements, common areas or public rights -of -way. All such easements,
common areas and rights -of -way currently appear on the recorded plats.
Page 6 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
16. Deed restrictions limiting the amount of built -upon area on each lot have been
recorded in DB at Page . These deed restrictions currently provide that
the maximum built -upon area per lot is as follows:
Lots 1-37 @4,500 square feet and Lots 201-239 @4,300 square feet,
This allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
17. The State of North Carolina is made a third -party beneficiary of the covenants to
the extent necessary to maintain compliance with this Stormwater Management
Permit.
18. The Declaration of Restrictions and Protective Covenants are to run with the land
and be binding on all persons and parties claiming under them.
19. The recorded covenants pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of North Carolina,
Division of Water Quality.
20. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual. These guidelines assist in the selection of a
suitable grass type that will perform the best for a particular use, the best planting
time, soil amendments, fertilizer needs, mulch and watering.
21. This permit shall become void unless the facilities are constructed in accordance
with the conditions of the Consent Judgment, the conditions of this permit, the
approved plans and specifications, and other supporting data.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, or a
name change of the Permittee or of the project, or a mailing address change, the
permittee shall submit a completed and signed "Name/Ownership Change Form"
to the Division of Water Quality along with the applicable documents as listed on
the form. The project must be in good standing with DWQ. The approval of this
request will be considered on its merits and may or may not be approved.
3. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves a request to transfer the
permit. Neither the sale of the project in whole or in part, nor the conveyance of
common area to a third party shall be considered an approved permit transfer
request.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
Page 7 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115 -
5. In the event that the facilities fail to perform satisfactorily the Permittee shall take
immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management
systems.
6. The permit may be modified, revoked and reissued & terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal daytime business
hours.
8. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
9. The permittee shall submit a request to renew the permit at least 180 days prior
to the expiration date of this permit. The request shall include a completed
renewal application and fee.
Permit modified and reissued this the day of 12012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 921115
Page 8 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
Crosswinds South and Wedgefield at Crosswinds South Subdivision Page 1 of 2
Stormwater Permit No: SW8 921115
New Hanover County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 10

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
Certification Requirements:. Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
New Hanover County Building Inspections
Page 10 of 10

-r
Lewis,Linda
From: Lewis, Linda
Sent: Tuesday, June 26, 2012 10:58 AM
To: 'Brian Geschickter'; 'Laton, Don'
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
My comments in red below.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:[e-mail]]
Sent: Monday, June 25, 2012 2:31 PM
To: 'Caton, Don'; Lewis,Linda
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Importance: High
Don and Linda:
Was hoping to be able to make suggestions and comments right on the proposed permit, but am not able to do
so on the PDF format, so please forgive the length of this e-mail. Wanted to get this to both of you, and have copied my
client, before Linda meets with them tomorrow:
1. "Permission is Hereby Granted To": Third line under this heading has "South College Road at Wedgefield
Drive" : While I assume that this is making reference to where the pond is, just want to clarify.
Yes, this is referring to the location of the project. Added "located at" to the permit language.
2. Why does a permit specific to the Wedgefield Pond make reference to the "Rear Pond" in the firs full
paragraph on page 3 of 9. My client is not taking any responsibility for the Construction of that Pond and
find this language confusing.
A portion of the runoff from Wedgefield is being directed into and treated by the Crosswinds Rear Pond. The
permit must address and document how Wedgefield is treating ALL of its runoff. The permit is two -fold, with the
onsite pond treating some of the runoff and an offsite pond treating the remainder. This is part of the "permitted
condition' for Wedgefield and must be documented in the permit. The permit places no requirement or
responsibility on Wedgefield to maintain the Crosswinds pond. The parties are of course, free to agree on their
own shared maintenance costs without interference from the State.
3. Page 4 of 9, Paragraph 5, sixth line: I believe that the word "South" was left out and should read "The
remaining 21 Crosswind South Lots). Noted and corrected.
4. Page 5 of 9, Paragraph 3: 1 believe that Wedgefield has been, or will be totally built out at the time this
permit is issues and question how my client is to ensure that no one has exceeded the maximum built upon
area. Do we have some verification that the built -upon area on the lots has not been exceeded? I guess tax
records help, but the tax records do not show driveways and outbuildings. Despite a built -out condition, the
HOA will still need to routinely "monitor" the project to make sure that no one has added some new BUA
such as a back patio, or a room addition, or expanded their driveway such that their BUA per lot limit is
exceeded. All such additions to the lots need to be reviewed and approved by the HOA for compliance with
the recorded and permitted BUA limit.

1
S. Same Page, paragraph 4: Is this paragraph necessary given that Wedgefield is totally built out. Same as
explained above.
0p� 6. Same Page, Paragraph 5, Line 7: Would propose adding after Consent Judgment "a copy of which is
attached hereto and made a part hereof." Not addressed at this time. Will discuss with Don.
7. Same Page, Paragraph 6: There is no way for the system to be constructed as per the approved plans. I
i7 understand that the next sentence basically takes care of this, but would like to see some language like "The
(� parties agree that the stormwater management system was not constructed as per the approved plans, and
<) S� therefore the parties agree ... " My intent is that there will be an approved plan by the time the permit is
issued. If you notice, I left the permitted surface area and storage volume blank (?????) in Section 1.7 of the
permit on page 4 of 9, in anticipation of being able to fill them in with the new approved condition. If there
is no new plan for the restoration of the pond, then I will consider your proposed language. But, if we have a
new approved plan, then it will stay as written
L 8. Same page, Paragraph 10: after the last word
event shall permittee be required to perform subject to the terms of the Consent Judgment
OK with repeating the Consent Order language
harmony with the terms of the Consent Order,
condition, we don't need to keep repeating it
9. Same page, Paragraph 11: States "the final pla
V� done. Does this paragraph really need to be in
You have to remember that this is a "boiler pla
/ unique situation.
i/ 10.
11.
G+�
Thanks,
Brian
12
permit, I would request the following be added "but in no
an
y additional work not contained in this permit and/or
which has been attached hereto and made a part hereof. I'm
that DWQ will not require any modification that is not in
although I think that once it's been entered as a permit
throughout the permit.
is for the project will be recorded." This has already been
cluded. Yes, if there are future changes, then we're covered.
te" template for a new permit that has been altered to fit this
Page 6 of 9, Paragraph 14: Is this standard language? Yes, this is "boiler -plate" standard language in every
high density permit we issue.
Same page, Paragraph 15: Permanent access: How do you propose given that this has been one of the main
problems since the Consent Judgment was entered. (This pond has access via several easements. We just
require the permittee to maintain those easements such that the pond is not closed off.
Same Page Paragraph 16: Why is this needed given the circumstances? Perhaps add, if this is a needed
paragraph, G. the requirements of this paragraph are acknowledged by DENR as having been fulfilled. The
permit has to require recorded deed restrictions in order to maintain compliance with the maximum BUA
for the pond. I may be able to tweak it a bit to just state what the BUA limits per lot are and leave it at that.
13. Same Page, Paragraph 17: Same question. Already acknowledges that the DR's have been submitted.
14. Same Page, Paragraph 18: add to the end "as modified by Agreement of the parties." OK.
Please do not interpret any of this as nit picking. Just want to make sure that we are all on the same page and
that we get this right for future generations. Pond is already there, and a lot of this language is more directed to
a new construction. Do not want to ask for any necessary language be removed but also believe that the
building and lots sections give opportunity for confusion which is not needed since the neighborhood is already
finished.
Arian A. Geschickter
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399.4690 (Facsimile)
[e-mail]

Lewis,Linda
From: Brian Geschickter [[e-mail]]
Sent: Monday, June 25, 2012 2:31 PM
To: 'Caton, Don'; Lewis,Linda
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Importance: High
Don and Linda:
Was hoping to be able to make suggestions and comments right on the proposed permit, but am not able to do
so on the PDF format, so please forgive the length of this e-mail. Wanted to get this to both of you, and have copied my
clientkbef re Linda meets with them tomorrow:
�¢2
�y "Permission is Hereby Granted To": Third line under this heading has "South College Road at Wedgefield
V' , Drive" : While I assume that this is making reference to where the pond is, just want to clarify.
3.
Thanks,
Why does a permit specific to the Wedgefield Pond make reference to the "Rear Pond" in the firs full
paragraph on page 3 of 9. My client is not taking any responsibility for the Construction of that Pond and
find this language confusing.
Page 4 of 9, Paragraph 5, sixth line: I believe that the word "South" was left out and should read "The
remaining 21 Crosswind South Lots).
4. Page 5 of 9, Paragraph 3: 1 believe that Wedgefield has been, or will be totally built out at the time this
permit is issues and question how my client is to ensure that no one has exceeded the maximum built upon
area.
S. Same Page, paragraph 4: Is this paragraph necessary given that Wedgefield is totally built out.
6. Same Page , Paragraph 5, Line 7: Would propose adding after Consent Judgment "a copy of which is
attached hereto and made a part hereof."
7. Same Page, Paragraph 6: There is no way for the system to be constructed as per the approved plans. I
understand that the next sentence basically takes care of this, but would like to see some language like "The
parties agree that the stormwater management system was not constructed as per the approved plans, and
therefore the parties agree ... "
8. Same page, Paragraph 10: after the last word permit, I would request the following be added "but in no
event shall permittee be required to perform any additional work not contained in this permit and/or
subject to the terms of the Consent Judgment which has been attached hereto and made a part hereof.
9. Same page, Paragraph 11: States "the final plats for the project will be recorded." This has already been
done. Does this paragraph really need to be included.
10. Page 6 of 9, Paragraph 14: Is this standard language?
11. Same page, Paragraph 15: Permanent access: How do you propose given that this has been one of the main
problems since the Consent Judgment was entered.
12. Same Page Paragraph 16: Why is this needed given the circumstances? Perhaps add, if this is a needed
paragraph, G. the requirements of this paragraph are acknowledged by DENR as having been fulfilled.
13. Same Page, Paragraph 17: Same question.
14. Same Page, Paragraph 18: add to the end "as modified by Agreement of the parties."
Please do not interpret any of this as nit picking. Just want to make sure that we are all on the same page and
that we get this right for future generations. Pond is already there, and a lot of this language is more directed to
a new construction. Do not want to ask for any necessary language be removed but also believe that the
building and lots sections give opportunity for confusion which is not needed since the neighborhood is already
finished.

Brian
Brian A. Geschickter
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Laton, Don [mailto:[e-mail]]
Sent: Monday, June 25, 2012 10:40 AM
To: Brian Geschickter
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
I don't feel strongly that we need to be there. So, we will let our clients talk among themselves.
Have a good day,
Don
From: Brian Geschickter [mailto:Brian(a)baglaw.com]
Sent: Monday, June 25, 2012 10:18 AM
To: Laton, Don
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Don:
My client has instructed me that my attendance at tomorrow's meeting is not requested or required. I will
send you my suggestions/questions to the permit before the end of the day. If you feel strongly about our need to be
there, please advise, and I will let my client know that I will attend. I do have a child support matter at 8:30 tomorrow
morning and a meeting at noon.
Thanks
Brian
Brian A. Geschickter
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)

[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Laton, Don [mailto:dlaton(@ncdoj.govl
Sent: Monday, June 25, 2012 10:00 AM
To: Brian Geschickter
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Brian,
The meeting with Wedgefield is set for tomorrow - - Tues. June 26, 2012 at 11:00 a.m. at the DENR Wilmington Regional
Office.
I think our participation would be helpful.
Will you plan to attend? I'm not comfortable attending if you do not, of course.
Don
From: Brian Geschickter [mailto:Brian(albaglaw.coml
Sent: Friday, June 22, 2012 9:30 PM
To: Laton, Don
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
What is proposed date and time as I am on secured leave and actually leaving Thursday around noon?
From: Laton, Don [mailto:dlaton(ancdoj.gov]
Sent: Friday, June 22, 2012 4:19 PM
To: Brian Geschickter
Subject: FW: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Brian,
Do you want to meet with the HOA rep and Linda next week? They have a meeting set. Linda asked me to attend. I
told her I could not without your consent.
Please advise.
I hope you are doing well,
Don
From: Jordan, Valerie[mailto:Valerie.JordanRnccourts.org]
Sent: Friday, June 22, 2012 4:17 PM
To: Laton, Don
Subject: RE: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Correct. I do not show that case on any pending calendars. If anything else is needed, Tonya will let you know once she
returns from vacation. Thank you.
Valerie Lee Jordan
Trial Court Coordinator/Superior Court Judicial Assistant
W. Allen Cobb Judicial Annex
316 Princess Street, Suite 341
Wilmington, North Carolina 28401

Office: 910.772.6616
Fax: [phone]
Courier Box: 04-13-09
Email: Valerie.Jordanranccourts.ore
From: Laton, Don [mailto:dlaton(cbncdoj.gov]
Sent: Friday, June 22, 2012 4:12 PM
To: Jordan, Valerie
Cc: Brian Geschickter
Subject: FW: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Ms. Jordan:
Since Ms Gilley is out of the office, I am forwarding this message to you. Thank you for your attention to this matter.
Don Laton
From: Laton, Don
Sent: Friday, June 22, 2012 4:11 PM
To: Brian Geschickter
Cc: 'Gilley, Tonya M.'
Subject: Wedgefield HOA 04 CVS 2896 (New Hanover County)
Brian,
I checked the calendar to make sure that our case was not on it. It is not. As I've mentioned to you, DENR does not
want to go forward with a hearing at this time since our settlement discussions are progressing. I don't believe any
further action is needed by either of the parties as to the court docket at this time.
By copy to Tonya, I'm asking that she confirm my understanding and advise if anything further is needed from the
Plaintiff (DENR) at this time.
Thanks for your time in this regard,
Don
Donald W. Laton
Assistant Attorney General
Water & Land Section
Environmental Division
Office No. 323A, 114 W. Edenton Street
North Carolina Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
919-716-6963 (Direct)
919-716-6766(Fax)
919-716-6600 (Environmental Division)
dIaton@ncc1o*.gov
,ncdoj.gov
IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may
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State Stormwater Management Systems
DRAFT Permit No. SW8 921115
June *, 2012
Mr. President
Wedgefield at Crosswinds South HOA, Inc.
Mailing Address
Wilmington, NC 28409
DRAFT
Subject: Combination and Transfer of Stormwater Permits
SW8 921115 and SW8 960317
Crosswinds South and Wedgefield at Crosswinds South Subdivision
High Density Subdivision with a Wet Detention Pond / Offsite
New Hanover County
Dear Mr. President:
The Wilmington Regional Office of the Division of Water Quality received the completed
and signed Name./Ownership Change form regarding the transfer of Stormwater
Management Permits SW8 921115 for Crosswinds South and SW8 960317 for
Wedgefield at Crosswinds South on . Staff review of the documentation
has determined that this permit transfer will comply with the water quality standards
codified at 15A NCAC 02H.1000. The two permits, SW8 921115 and SW8 960317,
have been combined into one permit, to be known as SW8 921115, which is hereby
transferred effective June 2012, to the Wedgefield at Crosswinds South HOA, Inc.,
for the construction of the associated built -upon areas, for the restoration of the Front
pond BMP per an agreement between the HOA and the Division and for the continued
maintenance of the Front Pond.
This permit contains conditions that will allow the Division to move to dissolve the June
5, 2007 Consent Judgment (hereinafter, "Consent Judgment") upon acceptance of this
permit by Wedgefield. The Division will take no action against Wedgefield for existing
non -compliances as identified in the Consent Judgment that are a part of or caused by
the original construction. This includes the deficient permanent pool surface area in the
pond. The permit conditions contained in this permit have been made more specific to
eliminate any ambiguity or confusion, but are not more stringent. Future milestones
regarding sediment removal, slope repair and permanent slope s a ilization shall be
established by agreement between the HOA and the Division of Water Quality
(hereafter, DWQ or the Division), and shall become an enforceable part of this permit.
This permit shall be effective from the date of issuance until expiration date, and shall
be subject to the conditions and limitations as specified therein. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance
of the BMP(s), recordation of deed restrictions, certification of the BMP's, procedures for
changing ownership, transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system, to record deed restrictions, to certify the BMP's, to transfer the
permit, or to renew the permit, will result in future compliance problems.
Page 1 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
This Permit is issued with Wedgefield's consent to and knowledge of its terms
subsequent to the Dissolution of the Consent Judgment hereinabove referenced.
Wedgefield reserves its right to initiate a contesed case in the Office of Administrative
Hearings in accordance with Chapter 150B of the North Carolina General Statutes for
any Notice of Violation issued by DENR after the date of issuance of this Permit.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis at [phone].
Sincerely,
�" Charles Wakild, P.E., Director
Division of Water Quality
GDS/arl: S:\WQS\Stormwater\Permits & Projects\1992\921115 HD\2012 06 permit 921115
cc: Donald Laton, Assistant Attorney General, NCDOJ
Charles Meier, Marshall, Williams & Gorham, LLP for Crosswinds HOA
Brian Geschickter for Wedgefield HOA
Clay Collier, Crossley McIntosh & Collier for B&D Development
New Hanover County Building Inspections
City of Wilmington Public Services
Beth E. Wetherill, New Hanover County Engineering
Wilmington Regional Office Stormwater File
DWQ Central Files
Page 2 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
WITH A WET DETENTION POND
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Wedgefield at Crosswinds South HOA, Inc. (hereafter the permittee)
Wedgefield Subdivision (aka Crosswinds South and Wedgefield at Crosswinds South)
Located at South College Road and Wedgefield Drive, Wilmington, New Hanover County
FOR THE
Construction of built -upon areas to be treated in an offsite wet detention pond (the "Rear
Pond") operated and maintained by the Crosswinds HOA under the terms and
conditions set forth in the latest version of Permit No. SW8 930710 and for the operation
and maintenance of one (1) onsite wet detention pond (the "Front Pond") in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until 2020,
and shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. The overall tract built -upon area percentage for the project must be maintained at
or below 30% per the requirements of Section .1005 of the stormwater rules.
The subdivision is permitted for 76 lots, each limited to a maximum amount of
built -upon area (BUA). Lots 1-37 shown on the April 29, 1993 approved plans for
SW8 921115 are limited to a maximum BUA of 4,500 square feet each. Lots 201-
239 shown on the May 8, 1996 approved plans for SW8 960317 are limited to a
maximum BUA of 4,300 square feet each.
3. The built -upon area allocated for this development that will be treated by the
offsite Crosswinds "Rear Pond" under Stormwater Management Permit No.
SW8 930710, is 373,376 square feet.
Page 3 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
4. Each permitted stormwater BMP is proposed to treat runoff from a portion of
this subdivision as described in Sections 1.6 and 1.7 of this permit. The
approved plans contain a "drainage area map" which shows the specific
drainage area to each pond.
5. This modified and transferred permit covers both the original 37 lots permitted as
Crosswinds South and the 39-lot extension permitted as Wedgefield at Crossinds
� South. For purposes of this permit, all 76 lots are considered as part of
/1j "Wedgefield". The runoff from 16 of the original 37 Crosswinds South lots and a
� �� portion of the road is treated in the onsite "Front Pond". The remaining 21
/V Crosswind ots and road and all 39 Wedgefield at Crosswinds South lots are to
e rea ed offsite in the Crosswinds Pond (the "Rear Pond").
6. Approved plans, specifications and agreements for this project are incorporated
by reference and are enforceable parts of the permit.
7. The following design elements have been permitted for the onsite wet detention
pond stormwater facility, the Front Pond, and must be provided in the system at
all times. These design elements are consistent with the Consent Judgment
previously in effect.
a. Drainage Area, acres:
Onsite, acres:
Offsite, acres:
b. Total Impervious Surfaces, ft2:
Road, ft2:
Offsite, ft2:
c. Pond Design Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMS�
g. Permitted Surface Area @PP ft
h. Permitted Storage Volume, ftd:
i. Storage Elevation, FMSL:
j. Controlling Orifice:
k. Permanent Pool Volume, ft3:
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
5.66
1.22
4.44 (Crosswinds Section 11)
5.66
53,143
193,406 (Crosswinds Section 11)
5.0
85%
1 inch
22.0
23.3
Meyers S-25 (28 gpm@2' TDH)
n/a
n/a
n/a
Mott Creek / CPF17
18-82
"C Sw"
The permittee shall obtain an estimate of the depth of the accumulated sediment
in the pond. If the sediment has accumulated to a point such that the pond depth
is four feet or less, the HOA shall enter into an agreement with the Division of
Water Quality regarding the time frame for removing the accumulated sediment
such that the pond's design depth is restored to 5 feet.
2. No person or entity shall fill in, alter, or pipe any drainage feature (such as
swales), shown on the approved plans as part of the stormwater management
system, unless and until a revision to the permit is submitted to and approved by
the Division.
Page 4 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
3. The permittee shall monitor the project on a routine basis and shall ensure that
no individual lot owner has exceeded the maximum permitted built -upon area
limit for that lot. Due to construction which deviates from the previously approved
plans, neither the Wedgefield pond nor the Crosswinds pond has provided a
sufficient amount of surface area to justify any increases in the per lot built -upon
area. The BUA currently permitted is the maximum BUA that will be allowed
without extensive modifications to the ponds to treat the additional runoff.
I'VI MCJQ ZbrA3 to
4. The permittee shall review all newNot plans within the Wedgefield subdivision,
and subsequent modifications and additions, for compliance with the built -upon
area limit. The permittee shall not approve a lot plan if it exceeds the maximum
BUA limit established by this permit for that lot.
5. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director ��SG�t
that the changes have been made. The Division will take no action against the
permittee for existing non -compliances as identified in the Consent Judgment, 25/t
that are a part of or caused by the original construction. This includes the
deficient permanent pool surface area in the pond.
6. The stormwater management system shall be constructed as per the approved
plans, and per any subsequent agreements between DWQ and the permittee,
and in light of the conditions of the Consent Judgment.
7. The runoff from all built -upon area in Wedgefield that is within the permitted
drainage area boundary of either the onsite Front Pond or the offsite Rear Pond
must be directed into the appropriate stormwater pond.
8. The onsite stormwater system must be operated with a 30' vegetated filter. The
road ditch in the NC 132 Highway right-of-way (South College Road) receives the
pond's pumped volume, and is considered as the required filter.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Further subdivision, acquisition, or sale of any part or all of the project
area.
C. Alteration of any pipe or vegetative conveyance shown within the permit
boundary on the approved plan. Routine maintenance, removal of
obstructions within the pipes and/or replacement of any damaged pipes
does not require a permit modification.
The Director may determine that other revisions to the project should require a
modification to the permit.
All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
(Ipprorecorded showing all such required easements, in accordance with the
ved plans.
Page 5 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
12. Future milestones regarding sediment removal, slope repair and permanent
slope stabilization shall be established by agreement between the HOA and the
Division of Water Quality (hereafter, DWQ or the Division), as required by the
Consent Judgment. Following notification to DWQ that a milestone has been
completed, the permittee shall submit a certification from an appropriate designer
for the system installed certifying that this facility has been restored per the terms
of the agreement reached between the HOA and the Division.
13. The permittee shall at all times follow the approved Operation and Maintenance
Agreement and provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function at design condition.
The approved Operation and Maintenance Agreement outlines the necessary
maintenance items and required intervals. The collection system of catch basins,
piping, ditches and swales must also be maintained such that the 1 inch runoff
volume is adequately conveyed to the approved BMP(s).
�c 114. Records of maintenance activities must be kept and made available upon
lJ request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
`0 15. The permittee shall assure that permanent access to the permitted BMP
NNE►+' components, including the collection system, is provided via recorded
easements, common areas or public rights -of -way. All such easements,
common areas and rights -of -way must appear on the recorded plat.
16. Prior to the first sale or conveyance of any lot, the following deed restrictions
�I must be recorded:
�Q' S a. The following covenants are intended to ensure ongoing compliance with
�y ry`�S State Stormwater Management Permit Number SW8 921115, as issued by
_pp
U the Division of Water Quality under NCAC 2H.1000.
`A � b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
5r Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
\0 d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of
Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lots 1-37 @4,500 square feet and Lots 201-239 @4,300 square feet,
This allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
17 A copy of the recorded deed restrictions has been submitted to the Division
which contains the BUA limits as stated above. k AU
18. Permanent seeding requirements for the stormwater control must follow the d;
guidelines established in the North Carolina Erosion and Sediment Control ffo u *1'
Planning and Design Manual. VAI
Page 6 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
19. This permit shall become void unless the facilities are constructed in accordance
with the conditions of the Consent Judgment, the conditions of this permit, the
approved plans and specifications, and other supporting data.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
2. This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, or a
name change of the Permittee or of the project, or a mailing address change, the
permittee shall submit a completed and signed "Name/Ownership Change Form"
to the Division of Water Quality along with the applicable documents as listed on
the form. The project must be in good standing with DWQ. The approval of this
request will be considered on its merits and may or may not be approved.
3. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves a request to transfer the
permit. Neither the sale of the project in whole or in part, nor the conveyance of
common area to a third party shall be considered an approved permit transfer
request.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal), which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily the Permittee shall take
immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management
systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal daytime business
hours.
8. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for the life of the project.
9. The permittee shall submit a request to renew the permit at least 180 days prior
to the expiration date of this permit. The request shall include a completed
renewal application and fee.
Permit issued this the _ day of 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality V v�
By Authority of the Environmental Management Commission
Permit Number SW8 921115
Page 7 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
Crosswinds South and Wedgefield at Crosswinds South Subdivision Page 1 of 2
Stormwater Permit No. SW8 921115
New Hanover County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for
Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 9

State Stormwater Management Systems
DRAFT Permit No. SW8 921115
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
New Hanover County Building Inspections
Page 9 of 9

Pond Depth Readings May 15,2012
by Ken & Koreen LaRose & Mike & Jane Orseno
Plot # location Description
Opposite back east corner of house #4604
1 3 ft off north bank
2 midpoint between banks
3 loft off south bank
4 5 ft off south bank
5 2 ft off south bank
Opposite back east corner of garage #4604
6 5 ft off south bank
7 15 ft off south bank
8 midpoint between banks
9 10 ft off north bank
10 5 ft off north bank
Opposite center pump
11 midpoint between banks
12 5 ft from north bank
Opposite last pine tree on north bank
13 10 ft off north bank
14 midpoint between banks
Between last 2 pines on south bank
15 midpoint between banks
16 10 ft off south bank
17 5 ft off south bank
22 Sft off north bank
23 10 ft off north bank
Opposite last pine tree on south bank
18 5ft off south bank
19 loft off south bank
Halfway between above pine and east end pipe
20 5 ft off south bank
21 10 feet from east pipe
Opposite drainage outlet pipe to College Rd
24 30 ft off south bank
25 5 ft off south bank
26 20 ft off south bank
Storm drain west side near #4604
27 15 ft from drain pipe
28 10 ft from drain pipe
29 5 ft from drain pipe
Observations: center of pond clear of silt, silt is
approx 3 ft deep from bank to about loft out.
Pond depth is over 5 ft during drought conditions
Water Depth Silt/Mud Depth
5ft
2.5 ft
5ft 21n
2.5 ft
5ft 2in
3ft
6ft
3ft
2.5 ft
2ft
5.5ft
3.5 ft
6ft 5 in
20in
6ft
31n
6ft
2in
5ft
2.5 ft
6.5 ft no silt
4.5 ft 2.5ft
6ft 8 in ift
7.5ft nosllt
8ft
15in
6ft
2.5 ft
5.5 ft
3ft
5ft
4.5ft
5ft
3ft
5.5ft 2ft
6ft 2.5ft
6ft Oft
ift 2in
6ft
Oft
5ft
3ft
5ft
3ft
Sft
Oft
6ft
Sft
Sft
2ft

Wedgefield Stormwater Retention Pond
Plot of Measurement Points associated with
depth readings
401,
00r//
.36
/ ♦40 6\ 4 U
IhN 30L/
— ,r IS"RGPdT 0.03°(� �
♦ ♦ SS MANHOLE y2
STA. 4+80r5'R 0
69��
RIM 27.86
35�OSMWATEL 2E�NTIOWIR7t,D
1 551E i8•G!M�aS
11111�1111 sroNE cNr-c,� c�eN
HIDDEN

-Nim Hanover County
Page 1 of 1
PARID: R07114-005-007-000
ELROD ALBERT MARILYN
Parcel
Alt ID
Address
Unit
city
Zip Cade
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313407.58.5583.000
4612 WEDGEFIELD OR
WLRIT110lN3.l
62665
RES-Residential
10-1 Fam Res
R-15-RESIDENTIAL DISTRICT
LT 34R WEDGEFIELD AT CROSSWINDS SOUTH
FD
ELROD ALBERT MARILYN
WILMINGTON
NC
28409
LCI�Ht\rt\F97:i�715iIrii7
4612 WEDGEFIELD DR
http://etax.nhcgov.com/Forms/1'rintDatalet.aspx?pin=RO7114-005-007-000&gsp=PROFIL... 1 /27/2012

New Hanover County
Page 1 of 1
PARID: R07114-005-008-000
JARVIS HAROLD W JENNIFER R
Parcel
All ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313407.58.5611.000
4608 WEDGEFIELD DR
WILMINGTON
B2665
RES-Residential
10-1 Fam Res
1
0
R-15-RESIDENTIAL DISTRICT
LT 35R WEDGEFIELD AT CROSSWINDS SOUTH
FD
JARVIS HAROLD W JENNIFER R
WILMINGTON
NC
28409
THE DATA IS FROM 2012
4608 WEDGEFIELD DR
http://etax.nlicgov.com/Forms/PriniDatalet.aspx?pin=RO7114-005-008-000&gsp=PROFIL... 1 /27/2012

Now Hanover County
Page 1 of 1
PARID: R07114-005-009-000
LAROSE KENNETH E KOREEN M
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313407.58.4751,000
4604 WEDGEFIELD OR
WILMINGTON
82065
RES-Residential
10-1 Fam Res
1
0
R-15-RESIDENTIAL DISTRICT
LT 36R WEDGEFIELD AT CROSSWINDS SOUTH
FD
LAROSE KENNETH E KOREEN M
WILMINGTON
INC
28409
THE DATA IS FROM 2012
4604 WEDGEFIELD DR
htip:Hetax.nhcgov.com/Forms/PrintDatalet.aspx?pin=RO7114-005-009-000&gsp=PROFlL... 1 /27/2012

Ncw Hanover County
Page 1 of 1
PARID: R07114-005-010-000
TEAGARDEN APRIL
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313407.58.3871.000
4600 WEDGEFIELD DR
WILMINGTON
B2B65
RES-Residential
10-1 Fam Res
0
R-15-RESIDENTIAL DISTRICT
LT 37R WEDGEFIELD AT CROSSWINDS SOUTH
FD
TEAGARDEN APRIL
WILMINGTON
NC
28409
THE DATA IS FROM 2012
4600 WEDGEFIELD DR
http://ctax.nhcgov.com/Forms/PrintDatalet.aspx?pin=RO7114-005-010-000&gsp=PROFIL... 1 /27/2012

New Hanover County
Page I of I
PARID: R07114-OOS-006-000
MILLER JOHN C LINDA M
Parcel
All ID
Address
Unit
city
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313407.58,6496.000
4616 WEDGEFIELD DR
WILMINGTON
B2B65
RES-Residential
10-1 Fam Res
R-15-RESIDENTIAL DISTRICT
LT 33 WEDGEFIELD AT CROSSWINDS SOUTH
FD
MILLER JOHN C LINDA M
WILMINGTON
NC
28409
THE DATA IS FROM 2012
4616 WEDGEFIELD DR
http://ctax.nhcgov.com/FormsIPrintDatalet.aspx?pin=RO7114-005-006-000&gsp=PROFI L... 1 /27/2012

Retention fond 5ervices, Inc.
5peclafizing In all phases of Aquatic and Wetland Maintenance
NAME/ADDRESS BID DATE BID #
Wedgefield HOA 12/23/2011 2333
Vincent Calcagno
4721 Wedgefield Drive
Wilmington, NC 28409 TERMS PROJECT
Due On Completion
DESCRIPTION TOTAL
Retention Pond Services, Inc. ("RPS") proposes to complete the following scope of work: 21,700.00
1. Remove approximately 800 cubic yards of accumulated sediment in order to restore the pond basin to the
approved design elevations. The pond will be excavated to an elevation of 17 as designed. All removed sediment will
be disposed offsite.
2. The collars of the two intakes will be brought to the appropriate grade and stabilized using class B rip rap placed
over filter fabric. In addition class B rip rap will be placed over filter fabric at the toe of each of the two intakes.
Approximately 30 tons of class 8 rip rap and 5 tons of compactible fill will be used in performing the work described in
this numbered paragraph.
3. Repair the areas of erosion and rodent holes on the north slope and south slopes using approximately 10 tons of
compactible fill. Stabilize all slope banks using a hydroseed mixture with the appropriate amendments. The silt fences
on the north slope will be removed and disposed offsite.
4. Repair the tracking along the access area using centipede sod. This area will be raked out and the sod will be
tapered in to the height of the adjoining grass.
—ACCESS - RPS proposes using 1 of 2 possible access points.
The first point of access is along the berm adjacent to Lot #37. If this location is chosen, Wedgefield HOA will obtain
written permission from the owner to access the pond along the berm parallel to College Road. If the first access
point is chosen an additional $750 will be added to the bid as the berm and existing vegetation will need to be
removed and replaced over an area of approximately 60 linear feet. It is understood that the replacement of the
pampas grass will be smaller in stature than the existing/adjoining mature pampas grass.
The second point of access is between Lots #34 & 35 (street addresses 4608 & 4612). If the second point of access
is chosen, Wedgefield HOA will be responsible for scheduling and expense of the removal and re -installation of the
wood fencing that currently encroaches into the easement as indicated on the recorded plat.
"'There are areas of erosion on the north slope directly attributed to point source discharge along wood fencing that
borders property lines. This scope of work does not contemplate altering the property of any homeowner and thus the
point sources will continue to result in areas of erosion unless the areas are addressed by the owner of the property
who has a point source discharge along their fence.
Accepted by:
Signature
uate
Thank you for the opportunity to quote this work. I TOTAL $21,700.00
This estimate is effective for 30 days from date at top of page.
P.O. Box 15630 - YAInn ton. NC 28408 - 910.313.6830 - 888.791.3600 - Pw 910.313.6870
w ww.ratendataorde.com

Retention Po
Specializing in all phases of
NAME/ADDRESS
Wedgefield HOA
Vincent Calcagno
4721 Wedgefield Drive
Wilmington, NC 28409
DESCRII
Retention Pond Services, Inc. ("RPS") proposes to complete
1. Remove approximately 800 cubic yards of accumulated se
approved design elevations. All removed sediment will be di:
�'0 2. Cut 18 pine trees from the pond slopes. 7 trees will be cut
north slope. The trees will be cut flush with the ground and di
3. The collars of the two intakes will be brought to the approp
over filler fabric, In addition class B rip rap will be placed over,
Approximately 30 tons of class B rip rap and 5 tons of compa
this numbered paragraph.
NU
4. Repair the areas of erosion on the west sloe using appror
erosion and rodent holes on the north slope and south slopes
Stabilize all slope banks using a hydroseed mixture with the e
slope will be removed and disposed offsite.
5erviceo, Inc.
and Wetland A4aintenance
BID DATE BID#
7/15/2011 2333�
TERMS PROJECT
Due On Completion
TOTAL
following scope of work: 28,700.00
lent in order to restore the pond basin to the
sed offsite.
the south slope and 11 trees will be cut from the
)sed of offsite.
e grade and stabilized using class B rip rap placed
er fabric at the toe of each of the two intakes.
ale fill will be used in performing the work described in
y 15 tons of compactible fill. Repair the areas of
approximately 10 tons of compactible fill.
date amendments. The silt fences on the north
�0 5 There are several gutter downspouts terminating on the north slope. Any discovered downspout will be capped.
6. Repair the tracking along the access area using centipede Sod. This area will be raked out and the sod will be
tapered in to the height of the adjoining grass. j
I "'There are areas of erosion on the north slope directly attribYted to point source discharge along wood fencing that
IIITTT borders property lines. This scope of work does not contemplate altering the property of any homeowner and thus the
point sources will continue to result in areas of erosion unless the areas are addressed by the owner of the property
who has a point source discharge along their fence.
"'Wedgefield HOA will obtain permission from the owner of irrlproved Lot #37 to access the pond along the berm
Parallel to College Road.
Accepted by:
Signature 75ate
you for the opportunity to quote this work.
This estimate is effective for 30 days from date at top of page.
RECEI ♦ ED
DEC 15 2011
nwQ
PROJ #
TOTAL
P.O. Box 15630 - Wimngton, NC 28408 - 910.313I 6830 - M8.791.3600 - Fax [phone]
WWW.retrnbonpo ds.com
$28,700.00

,4TATE OF NORTH CAROLINA oa CAS-2896
In The General Court of Justice
New Hanover County ❑ District ® Superior Court Division
State of North Carolina
Additional File Numbers
VERSUS
SUBPOENA
B&D Development Corporation, et al.
G.S. to-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, but
❑ Slate/Plaintiff ® Defendant
must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate orjudge.
Name And Address of Person Subpoenaed
Alternate Address
TO
Linda Lewis
DENR
127 North Cardinal Drive
Wilmington, NC 28405-3845
Telephone No.
Telephone No.
910 796-7215
YOU ARE COMMANDED TO: (check all that apply):
® appear and testify, in the above entitled action, before the court at the place, dale and time indicated below.
❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and'permit inspection and copying of the following items, at the place, date and time indicated below.
❑Sea attached list. (List here if space sufficient.)
Name And Location of CourUPlace Of Deposition/Place To Produce
Date To Appear/Produce
New Hanover County Courthouse Room 400
December 13 2010
316 Princess Street
Time To Appear/Produce
Wilmington, NC 28401
10:00 ® AM ❑ PM
Name And Address of Applicant or Applicant's Attorney
Date
Charles D. Meier
November 17 2010
P.O. Drawer 2088
Signature
Wilmington, NC 28402-2088
Telephone No.
❑ Deputy CSC ❑ Assistant CSC ❑ Clerk Of Superior Court ❑Superior Court Judge
910 763-9891
❑ Magistrate ® Attorney / DA ❑ District Court Judge
RETURN OF SERVICE
I certify that this Subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
® registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriffs office for witness subpoenaed to appear and testify.)
❑ I was unable to serve this subpoena.
Service Fee ❑ Paid
Date Served
Signature of Authorized Server
Title
$ ❑ Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party
in this case. If a party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 12/09 (Please See Reverse Side)
0 2009 Administrative Office of the Courts

NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection Of Persons Subject To Subpoena
If I Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the - ..
subpoena. The court shall enforce this subdivision and impose upon the
party or attorney in violation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings,
and for reasonable attorney's fees_�,�.-
(2) For production of public records or hoso;tal medical records Where
the subpoena commands any custodian ofpublicrecords or any,custodian
of hospital medical records, as defned'in G.S. 8-447.11 to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
pusiness, or if no such records are in the custodian's custody, an affidavit to
:hat effect. When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed. - -
(3) Written objection to subpoena. - Subject to subsection (d) of.this rule,
a person commanded to appear at a deposition or to produce and permit,
:he inspection and copying of records may, within 10 Gays after service of
:he subpoena or. before the time specified for compliance if the time is less
:han 10 days after service, serve upon the, party or the attorney designated
n the subpoena written objection to the subpoena, setting forth.the specific;
grounds for the objection. The written objection shall comply with the
'equirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection. - - -
c. The subpoena subjects a person to an undue burden.
d. The subpoena is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(4) Order of court required to override objection: - If objection is made
ender subdivision (3) of this subsection, the party serving the subpoena
shall not be entitled to compel the subpoenaed person's appearance at a
ieposition or to inspect and copy materials to which
an objection has been made expect pursuant to an order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition oi� production of materials is to
.(5) Motion to duash or modiN subpoena A person commanded to '�-
appear at a trial, hearing, deposition,'or to produce and perm t'he .
inspection arid ccpymgof records, books; papers,'documents, or other'*
tangible things, within 10 days after'service of the subpoena or before the
time specified for compliance if the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shall quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be fled in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel: expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shaii protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets, confidential information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, acourt may, to protect a person subject to or
affected by the subpoena; quash or,modify the subpoena. or when the'
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that dannot'otheiwise be'metwiihout undue
hardship; the court may order a person to'make an`appearance or produce
the materials only on specified conditions stated in the order.
(8)'Order to quash: expenses.`- Wheb a court enters an' order. quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties In Responding To Subpoena
(1) Form of response. -A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
(2) Specificity of objection. - When information subject to a subpoena is
withheld on the objection that it is subject to protection as trial oreoaration
materials, or that it is otherwise privileged, the objection shall be made with
specificity and shall be supported by a description of the nature of the
communications, records, books, papers, documents, or other tangible
things not produced, sufficient for the requesting party to contest the
INFORMATION FOR WITNESS
NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on the other side or this Subpoena in
the box labeled "Name And Address Or Applicant Or Applicant's Attorney.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
AOC-G-I00, Side Two, Rev. 12109
© 2009 Administrative Office of the Courts
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so
that you will be paid any amount due you.

Marshall, Williams & RETURN RECEIPT,REQUESTED ELECTRONICALLY
isliorham,LLP
PO Box 2088
Wilmington NC 28402-2088
7118 9042 9551 0296 1949
III�I�rII��I��IIIIht���Irrll�h�rlllldll�IlliIII�IIIn11111
DENR
LINDA LEWIS
127 N CARDINAL DR
WILMINGTON NC 28405-3845
SEQ# 0000003
NOV 18 2010

0

Shiver, Rick
From:
Laton, Don [[e-mail]]
Sent:
Wednesday, January 20, 2010 6:21 PM
To:
Shiver, Rick
Cc:
Cooper, Kathy
Subject:
Crosswinds
Rick,
This e-mail is an attorney client privileged communication made during a pending legal
action.
I need a written status report (or a verbal one) on the Crosswinds/Wedgefield case by Jan. 28,
2010, please. Is DWQ satisfied with the HOA's compliance with the Consent Judgment?
Wedgefield has filed a motion seeking to have Crosswinds held in contempt of the Consent. Judgment
everyone signed. Wedgefield contends that Crosswinds isn't doing its part. We need to consider
where DENR stands in this matter - - what our liabilities and responsibilities are.
You and I (& other appropriate DWQ staff) need to discuss. As, to when, Next Mon. the 25`h is the
only date for the next 2 weeks that I am not in a deposition all day. I can be available at night or on
weekends if that's the only time we can find.
Wedgefield's Motion is on a court calendar for Feb. 1 in Wilmington. We need to know what we
think about the matter before then. I think somebody ought to be court on that date.
I sent you the recent court filings last week. Please look them over.
My direct number at the office is: 919-716-6963. Could you send me your phone number in
your reply?

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